Crime
Jury’s Decision Sparks Debate in High-Profile Case

Clear Facts
- A Manhattan jury acquitted Daniel Penny of criminally negligent homicide in the death of Jordan Neely.
- Daniel Penny, a Marine veteran, placed Jordan Neely in a chokehold after Neely acted erratically on a New York City subway.
- Prosecutors argued Penny held Neely in a chokehold for six minutes, while the defense claimed Neely posed a threat to passengers.
In a high-profile case that has captured national attention, a Manhattan jury has found Daniel Penny not guilty of criminally negligent homicide in the death of Jordan Neely. The incident occurred on a New York City subway, where Penny, a 26-year-old Marine veteran, restrained Neely, a 30-year-old homeless man, in a chokehold after Neely began exhibiting erratic behavior.
Witnesses on the subway reported feeling threatened by Neely’s actions, which included yelling and acting unpredictably. Prosecutors claimed that Penny held Neely in a chokehold for approximately six minutes, a duration they argued was excessive and unnecessary.
Initially, Penny faced a more serious charge of second-degree manslaughter, but this was dismissed after the jury was unable to reach a unanimous decision. Democratic Manhattan District Attorney Alvin Bragg had announced the charges against Penny in June 2023, and the veteran, who is also an architecture student, pleaded not guilty.
The case unfolded against a backdrop of rising crime rates in New York City, with many residents expressing concerns about safety, particularly on public transportation. Critics have pointed fingers at liberal prosecutors, including Bragg, for implementing policies perceived as lenient on crime. Notably, Jordan Neely had been arrested 42 times prior to the subway incident.
The racial dynamics of the case also drew attention, with some commentators suggesting that Penny’s race played a role in the decision to charge him. Penny’s defense team requested a mistrial, citing concerns about protesters allegedly making veiled threats against jurors, but the judge denied this motion.
During the trial, Penny recounted his experience, stating that Neely repeatedly made threatening statements such as, “I’m going to kill you,” “I’m prepared to go to jail for life,” and “I’m willing to die.”
Assistant District Attorney Dafna Yoran argued that Penny’s actions were excessive, asserting that “as the chokehold progressed, the defendant knew that Jordan Neely was in great distress and dying, and he needlessly continued.”
In contrast, Penny’s defense lawyer, Steven Raiser, urged jurors to empathize with Penny’s situation on the subway. He presented evidence, including police bodycam footage, showing passengers expressing fear of Neely. Raiser contended that Penny acted to protect others and that Neely’s resistance prevented Penny from releasing him sooner.
Medical testimony during the trial was conflicting. Dr. Cynthia Harris, a medical examiner, testified that Neely’s death was due to asphyxiation from the chokehold. However, Dr. Satish Chundru offered a different perspective, suggesting that Neely’s death resulted from a combination of factors, including drug use and a pre-existing blood condition.
Ultimately, the jury’s decision to acquit Penny highlights the complexities and challenges of self-defense cases, particularly in a city grappling with concerns over public safety and crime.
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